DICKSON CHERUIYOT CHEPKWONY v DANIEL KIPKOECH MARITIM & ANOTHER [2007] KEHC 1444 (KLR)
- Court
- High Court of Kenya
- Case number
- 1444
- Citation
- [2007] KEHC 1444 (KLR)
- Decided
- 22 March 2007
The 1st respondent fraudulently registered as the owner of the suit land and charged it to the 2nd respondent to defeat any claim that could have been made by the deceased or her successors. The 2nd respondent is restrained from dealing with the suit land, including exercising its statutory power of sale as a chargee, pending the hearing and determination of the suit.
Facts
The applicant, Dickson Cheruiyot Chepkwony, is the administrator of the estate of Chemarus Chepkorir Maina, deceased. The 1st respondent, Daniel Kipkoech Maritim, fraudulently registered as the owner of the suit land, Kericho/Kebeneti/276, and charged it to the 2nd respondent, National Bank of Kenya.
Issues
- Ownership dispute over the suit land
- Fraudulent registration by the 1st respondent
Reasoning
The court found prima facie evidence of fraudulent registration and the subsequent charge of the suit land, leading to the conclusion that the 2nd respondent was duped by the 1st respondent.
Outcome
The applicant's application for the interlocutory orders of injunction is allowed.
Orders
- The 2nd respondent is restrained from dealing with the suit land, including exercising its statutory power of sale as a chargee, pending the hearing and determination of the originating summons filed by the applicant.
Remedies
- Interlocutory injunction
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